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Code · BILL · 117th Congress · H.R. 3807 (Placed on Calendar Senate) — To amend the American Rescue Plan Act of 2021 to increase appropriations to the Restaurant Revitalization Fund, and f... · Sec. 2

Sec. 2. Restaurant Revitalization Grants

1,351 words·~6 min read·/bill/117/hr/3807/pcs/section-2

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Section 5003(b)(2) of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c(b)(2) ) is amended— in subparagraph (A)— by striking $28,600,000,000 and inserting $70,600,000,000 ; and by inserting , of which not more than $420,000,000 shall be for administrative expenses to carry out this section, and of which $7,500,000 shall be for the Inspector General of the Small Business Administration, $7,500,000 for the Department of Justice for investigative and prosecutorial activities related to fraud and abuse, and $7,500,000 for Pandemic Response Accountability Committee, for audits of grants under this section to investigate fraud and to identify improper payments and ineligible recipients, and for other necessary expenses before the period at the end; and in subparagraph (B)(i)(II), by striking $23,600,000,000 and inserting any remaining amounts not used for a purpose authorized under subparagraph
(A)or clause
(i)of this subparagraph . Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended by adding at the end the following: If the Administrator determines that the amounts made available to carry out this section are insufficient to make grants in the amount provided in subsection (c)(4) to each eligible entity that has submitted an application in accordance with the program guidelines in effect on the day before the date of enactment of this subsection, but has not received an award as of such date, the Administrator shall make grants with the available amounts to each such eligible applicant— such that the amount of the grant that each such eligible entity would have otherwise received under this section is reduced by an equal percentage; by establishing a maximum amount for a grant made under this subsection to ensure that smaller eligible entities still receive grants in the amounts provided under subsection (c)(4); or by providing full awards in the amounts provided under subsection (c)(4) below a certain threshold (as the Administrator may establish) and reducing grants above that threshold by an equal percentage. Nothing in paragraph
(1)shall prevent the Administrator from— reserving funding for applicants that may be determined to be eligible for a grant under this section upon reconsideration; or making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund grants to all eligible applicants is established, upon the completion of the reconsideration process. . Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), as amended by subsection (b), is further amended by adding at the end the following: The Administrator shall— on a biweekly basis until the amounts made available to carry out this section are fully expended, publish data that shows, for the period beginning on the date on which the Administrator began making grants under this section and ending on the date on which the information is published— with respect to applications for grants under this section, the number of those applications— that the Administrator has received; that the Administrator has reviewed or is in the process of reviewing; and with respect to which the Administrator has made a decision; and the number and dollar amount of grants under this section— that have been awarded; and that have been disbursed; on a weekly basis until the amounts made available to carry out this section are fully expended, publish, with respect to the period beginning on the date of enactment of this subsection and ending on the date on which the information is published— with respect to each eligible entity to which a grant is made under this section— the name of the eligible entity, including the name or names under which the eligible entity does business if that name is different from the name of the eligible entity; and the address of— the eligible entity; and the physical location or locations for the eligible entity listed on the application, if different from the address of the eligible entity; the amount of each grant described in subparagraph (A); and the business category listed in subsection (a)(4)(A) to which the eligible entity belongs. With respect to an applicant that applies for a grant under this section and is denied by the Administrator, the Administrator shall make available to the applicant a brief explanation identifying the reason why the Administrator denied the application of the applicant, which shall include, where applicable, a citation to the statutory, regulatory, or guidance provision with which the applicant failed to comply and that was the basis for the denial. The Administrator shall establish a reconsideration process through which the applicant may— submit to the Administrator additional information the applicant determines to be relevant to whether the applicant is eligible for the grant; and receive a review of the application and such additional information submitted under subparagraph (A). If the Administrator verifies that an applicant for a loan under section 7(a)(36) of the Small Business Act is not an eligible business type for a grant under this section using credible information other than information obtained from the application of the applicant for such loan during 2020, the Administrator may reject the application solely on those grounds. . For any application for a grant under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) that is pending on the date of enactment of this Act or for which the applicant has received an award notice but the Administrator has not disbursed amounts under the grant, the Administrator may not disburse amounts under the grant unless the applicant submits a statement to the Administrator indicating the applicant is still operating, or intends to reopen within 6 months after the date of the statement is submitted, the place of business for which such applicant is seeking such grant. Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), as amended by subsection (c), is further amended by adding at the end the following: The Administrator shall institute an oversight and audit plan with respect to eligible entities receiving grants under this section, which shall include— documentation requirements that are consistent with the eligibility and other requirements under this section, including by requiring an eligible entity that receives a grant under this section to retain records that demonstrate compliance with those requirements; and reviews of the use of grants made under this section by eligible entities. Not later than 30 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the plan required under paragraph (1), which shall describe— the policies and procedures of the Administrator for conducting oversight and audits of grants made under this section; and the metrics that the Administrator will use to determine which grants made under this section will be audited under that plan. Not later than 60 days after the date of enactment of this subsection, and once every 30 days thereafter until the date that is 180 days after the date on which all amounts made available to carry out this section have been fully expended, and upon request thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the oversight and audit activities of the Administrator under this subsection, which shall include— the total number of grants approved and disbursed under this section; the total amount of each grant received by each eligible entity; the number of active investigations and audits of grants made under this section; the number of completed reviews and audits of grants made under this section, including a description of— any findings of fraud or other material noncompliance with the requirements of this section; and the total amount recouped from ineligible recipients; and a description of any substantial changes made to the plan required under paragraph (1). This subsection shall apply to grants and decisions made under this section before, on, or after the date of enactment of this subsection. .
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Sec. 2
Restaurant Revitalization Grants
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